Debts Recovery Tribunals (Salaries, Allowances and other terms and conditions of service of the Presiding Officer) Rules 1993

V (Department of Economic Affairs) (Banking Division) New Delhi: the 4th February. 1994 NOTIFICATION G.S.R. 62(E).—in exercise of the powers conferred by Section 13. read with clause (a) of sub-section (2) of section 36 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), the Centra! Government hereby makes the following rules, namely :— 1 Short title and commencement.—(1) These rules may be called trie Debts Recovery Tribunal (Salaries, allowances and other terms and conditions of Service of Presiding Offi­ cer) Rules, 1993. (2) They shall come into force on the date of their publi­ cation in the official Gazette. 2. Definitions.—In these rules, unless the context other­ wise requires.— (a) 'Act' means the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993); (b) 'Presiding Officer' means a person appointed as Pre- sidins Officer of a Tribunal under section 4 of the Act ; (c) 'rules' means Debts Recovery Tribunal (Salaries, allowances and other terms and conditions of Ser­ vice of Presiding Officer) Rules, 1993; (d) all other words and expressions used and not. defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act. 3 Salary.—The Presiding Officer of a Tribunal shall be paid a salary in the scale of pay of Rs. 5900-200-6700: Provided that in die case of an appointment of a person as a Presiding Officer, who has retired as a District: Judge, or who has retired from service, under the Central Government or a State Government and who is in receipt of or has re­ ceived or has become entitled to receive any retirement bene­ fit by way of pension, gratuity, employer's contribution to the Contributory Provident Fund or other forms of retire­ ment benefits, the pay of such Presiding Officer shall be reduced by the gros; amount of pension or employers con­ tribution io the Contributory Provident Fund or .any other form of retirement benefit, if any, drawn or to be drawn hv him. '4. Deputation Duty Allowance.—If a person holding the post on a regular basis in the scale of pay of Rs. 5900-200- 6700 is appointed as Presiding Officer of a Tribunal on tenure basis and hold* lien in his parent cadre, he shall be paid a salary in the scale of pay specified in rule 3 plus a depu­ tation duty allowance at a rate as are applicable to Group 'A' officers of the Centra! Government drawiri<? an equivalent pay. 5 Dearness allowance and city comsensatory allowance.— Tuc Presiding Officer oi a Tribunal sha»i be entitled to draw deamess allowance and city compensatory allow­ ance at the rate admissible to Group 'A' officers of the Cen­ tral Government drawing an equivalent pay. 6. Leave.—The Presiding Officer of a Tribunal shall be governed in matters relating to his rights in respect of leave by the Central Civil Services (Leave) Rules. 1972. 7. Leave sanctioning authority.—The Presiding Officer of an Appellate Tribunal exercising the jurisdiction, powers and authority on the Tribunal shall be the authority com­ petent to sanction leave to the Presiding Officer of such Tribunal. 8. Pension/Provident Fund.—In case a serving Judge or an Officer of the Central Government or State Government is holding the post of Presiding Officer, the service rendered in the Tribunal will count for pension to be drawn in ac­ cordance with the rules of the service to which he belongs. He shali also be governed by the provisions of the General Provident Fund Central Services] Rules, I960. In all other cases, a person snail be entitled to Contributory Provident Fund (India) Rules 1962. - • - - • 9. Travelling allowances.—The Presiding Officer of a Tri­ bunal while on tour or on transfer (including the journey undertaken to join the Tribunal or on the expiry of his term with the Tribunal to proceed to his home town) shall he- entitled to the travelling allowances, daily allowances, trans­ portation of personal effects and other similar matters at the same scale and at the same rates as are applicable to Group 'A' officers of the Central Government drawing an equivalent pay, 10. Leave travel concession.—The Presiding Officer of a Tribunal shall be entitled to leave travel concession at the same rates and at the same scale as are applicable to Group 'A' officers of the Central Government drawing an equivalent pay. 11. Accommodation.— (1) Every person appointed as a Presiding Officer of a Tribnal shall be eligible, subject to availability, to the use of official residence from the general pool accommodation of ihe type admissible to a Group 'A' officer of the Centra! Government who is working at the place where such Tribunal is located and drawing an equi­ valent pay on payment of the licence fee at .the rates speci­ fied by the Central Government from time to time. (2) Where the Presiding Officer of a Tribttaal occupies an official residence beyond permissible period^ he shall be liable to pay additional licence fee or penal rent, as the case- may be and he shall be liable to eviction in accordance with the rules applicable to Central Government Servants. (3) Where the Presidios Officer of a Tribunal does not avail of facility of official residence under sub-rule (I), he shali be entitled to House Rent Allowance as admissible to Group A ' officers of the Centra! Government drawing an equivalent pay. 12 Facilities for medical treatment.—The Presiding Officer of a Tribunal shall be entitled to medical treatment and hos­ pital facilities as provided in the Contributory Health Ser­ vices Scheme Rules, .195-1 and in places where the Central Health Services Scheme is no! in operation, the said Presiding Officer shall be entitled to the facilities as provided in the Central Services Medical Attendance Rules, 194-1 tions of services of the Presiding Officer of a Tribunal with f spec t to which no express'provision has been made in these rules, shall be referred in each case to the Central Govern­ ment for its decision and the decision of the Central Gov­ ernment thereon shall be "finding on the said Presiding Offi­ cer. J i Power ?o relax.—The Centra! Government shall have power to relax 'he provisions of any of these rules in res­ pect of any class or categories of persons. A. K. JATF It. Secy. , THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. J ( 0 ] 22400'pqti" I [TBI. * 6/13/97-"St.3TR.ZI.] MINISTRY OF FINANCE (Department of Economic Affairs) (Banking Division) NOTIFICATION New Delhi, the 19 March, 1998 G S R 139(E).—In exercise of the powers conferred by section 13, read with clause (a) of sub-section (2) of Section 36 of the Recovers of Debts Due to Banks and Financial Institutions Act. 1993 (51 of 1993). the Central Government hereby makes the following rules to amend the Debts Recovery Tribunal (Salaries, allowances and other terms and conditions of service of Presiding Officer) Rules, 1993, namely :— 1.(1) These rules may be called the Debts Recovery Tribunal (Salaries, allowances and other terms and condinons of sen-ice of Presiding Officer) Amendment Rules, 1998. • (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Debt Recovery Tribunal (Salaries, aUowances and other terms and conditions of service of Presiding Officer) Rules. 1993 — (a) for rule 3, the following rule shall be substituted, namely :— " 3 . Salary—The Presiding Officer of a Tribunal shall be paid a salary in the scale of of pay of Rs. 18400— 500—22400 with effect from 01-01-1996. Provided that in the case of an appointment of a person as a Presiding Officer, who has retired as a District Judge, or who has retired form service, under the Central Government or a State Government and who is ui receipt of or has received or has become entitled to receive any retirement benefit by way of pension, gratuity. emplover's.contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay of such Presiding Officer shall be reduced by the gross amount of pension or employees contribution to the Contribution Provident Fund or any other form of retirement benefit, if any. drawn or to be drawn by him." (b) in rule 4. the letters and figures "Rs. 5900-200-6700" tie following shall be substituted, namely:—"'Rs. (c) for rule 5, the following rule shall be substituted, namely:— "5. Deamess allowance, cirv compensatory allowance and transport allowance.—The Presiding Officer of a Tribunal shall be entitled to draw deamess allowance, city compensatory allowance and transport allowance at the rati- amicable to Group 'A' officers of the Central Government drawing an equivalent pax." Note:—The amendment is consequent upon the 5th Pay Commission Report which is applicable with effect from 1 st January. 1966 and nobody's interest will be affected adversely by the notification being given retrospective effect. The principal rules were published vide G.S.R. 62(E) dated 4th February. 1994. Printed b) the Manager. Govt, of India Pres;, Rinf Road Mayapuri. New Delhi-1100 and Published by the Controller of Publications, Delhi-110054— 1998 r. «?t 1 MINISTRY OF FINANCE (Department of Financial Services) NOTIFICATION New Delhi, the 5th November, 2008 G.S.R. 777(E).—In exercise of powers conferred by Section 13, read with clause (a) of sub-section (2) of Section 36, of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993J, the Central Government hereby makes the following rules further to amend the Debts Recovery Tribana! (Salaries, allowances and other terms and conditions of service of Presiding Officer) Rules, 1993, namely :— 1. Short title and commencement.—(1) These rules may be called the Debts Recovery Tribunal (Salaries, allowances and other terms and conditions of service of Presiding Officer) (.Amendment) Rules, 2008. (2) They shall come into force on the date of then- publication in the Official Gazette. 2. Substitution of rule 3 for new rule.—In the Debts Recovery Tribunal (Salaries, allowances and other terms and conditions of service of Presiding Officer) Rules. 1993 (hereinafter referred to as the said rule), for rule 3, follow­ ing rule shall be substituted, namely :— "3 . Salary.—The Presiding Officer of a Tribunal shall be paid a salary in the Pay band 'scale of Rs. 37,400— 67.000 (PB-4) + Grade Pay Rs. 10,000 with effect from Provided that in the case of an appointment of a person as a Presiding Officer, who has retired as a District Judge, or who has retired from service. under the Central Government or a State Govern­ ment and who is in receipt of or has received or has become entitled to receive any retirement benefit by way of pension, gratuity, employer's contribution to the Contributory Provident Fund or other forms of retirement benefits, the pay of such Presiding Officer shall be reduced by the gross amount of pen­ sion or employer's contribution to the Contributor) Provident Fund or any other form of retirement ben­ efit, if any drawn orto be drawn by him". 3. Amendment of ru le 4.—In rule 4 of the said rule. for the words, letters and figures "scale of pay of Rs. 18,400-500-22,400", the words, letters and figures, '•pay band or scale of Rs. 37,400—67,000 (PB-4) + Grade Pay Rs. 10.000" shall be substituted. 4. Substitution of rule 5 for new rule.— For rule 5 of the said rule, the following rule shall be substituted, namely;— "5. Dearness allowance and Transport allowance.— The Presiding Officer of a Tribunal shall be entitled to draw Dearness Allowance and Transport Allowance at the rate applicable to Group 'A' Officers of the Central Government dra\ equivalent pay." EXPLANATORY MEMORANDUM The amendment is consequent upon the Sixth Central Pay Commission's recommendations which is applicable with effect from Ist January,2006 and nobod) 's interest will be affected adversely by notification being given retrospective effect. Foot Note :—The principal rules were published in the Gazette of India, Extraordinary, Pan II, dated 4th February. 1994. and subsequently Printed b\ the Manager. Govt, of India Press, king Road. Mayapun. New Delhi] :- I and Published bv the Controller of Publications. Delhi! 10054.